Nissan 370Z Forum - View Single Post

steveg78 · 02-01-2011, 04:01 PM

I didn't read all the replies but I'll give you my first-hand expert advice. I have gone through the courts, faught a few speeding tickets and won every time. Here's the deal.

If you admitted/acknowledged to speeding in any way during your traffic stop then do not attempt any of what I'm about to write as you will most likely be exposed by dashboard audio/video or notes taken by the office who ticketed you.

They just want their $.
If you make the court work, AKA trial, subpoena etc.. they will plea you down to a no-pointer.

From what you've stated, you could go a few ways with your arguement. But if you were going more than the written 9mph over and the cop was cutting you a break, you may be opening up a hornets nest.

If you want to go to court and fight it, you need to start by submitting your not guilty plea CERTIFIED MAIL - SIGNATURE REQUIRED. And then subpoena the court for documentation necessary to present your case. This is where you can ask for information on the officer that ticketed you, the method that he captured your speed, and also his training for using that equipment as well as the maintenance/calibration records for that device. You could certainly roll-up the innacuracies that he made on your written ticket into a good credibility case but I think the mistakes alone will not get your ticket dismissed. EVERYTHING you ask for will be in writing, certified mail, signature required. Keep everything documented and have these ready for your court date.

Here is what will most likely happen:

You will never receive any response from your "discovery subpoena". i.e. NO MATERIALS to base your case on... Except your receipts that the court received and IGNORED your requests.

You will arrive at court, meet with the prosecutor who will try and convince you that you are not going to win.

After you show him that you've subpoena'd the court and they have failed to respond, they will try and postpone your court appearance (regardless of the ticketing officer is there or not). Stand firm and state that you have done everything that you could have done to prepare for this case and that the courts have FAILED. NEVER admit to anything. Stand firm and wait for your plea deal to be offered. This will most likely be a "delay/obstruction of traffic" charge. This is no points but a decent fee. It will remain on your record for 3yrs. I don't have specific details of this charge but it basically stays on your record for 3yrs and if you get any other points then this offense will come back to life and burn your ***. If you keep your record clean, after 3yrs, it's all gone.

If you're prepared to invest some of your personal time and money to fight this, you will win. It's not that hard. Me personally, I would much rather keep my record clean than accept a ticket with points, so it was well worth it.

I've successfully faught and won 2 cases that I took to trial and they have all gone exactly how I explained. My tickets were 98 in a 55, and 88 in a 65 zone.

Good luck!

02-01-2011, 04:01 PM	#45 (permalink)
steveg78 Track Member Join Date: Apr 2009 Location: MD Posts: 569 Drives: 09 370Z PG M6 +Sport Rep Power: 17	I didn't read all the replies but I'll give you my first-hand expert advice. I have gone through the courts, faught a few speeding tickets and won every time. Here's the deal. If you admitted/acknowledged to speeding in any way during your traffic stop then do not attempt any of what I'm about to write as you will most likely be exposed by dashboard audio/video or notes taken by the office who ticketed you. They just want their $. If you make the court work, AKA trial, subpoena etc.. they will plea you down to a no-pointer. From what you've stated, you could go a few ways with your arguement. But if you were going more than the written 9mph over and the cop was cutting you a break, you may be opening up a hornets nest. If you want to go to court and fight it, you need to start by submitting your not guilty plea CERTIFIED MAIL - SIGNATURE REQUIRED. And then subpoena the court for documentation necessary to present your case. This is where you can ask for information on the officer that ticketed you, the method that he captured your speed, and also his training for using that equipment as well as the maintenance/calibration records for that device. You could certainly roll-up the innacuracies that he made on your written ticket into a good credibility case but I think the mistakes alone will not get your ticket dismissed. EVERYTHING you ask for will be in writing, certified mail, signature required. Keep everything documented and have these ready for your court date. Here is what will most likely happen: You will never receive any response from your "discovery subpoena". i.e. NO MATERIALS to base your case on... Except your receipts that the court received and IGNORED your requests. You will arrive at court, meet with the prosecutor who will try and convince you that you are not going to win. After you show him that you've subpoena'd the court and they have failed to respond, they will try and postpone your court appearance (regardless of the ticketing officer is there or not). Stand firm and state that you have done everything that you could have done to prepare for this case and that the courts have FAILED. NEVER admit to anything. Stand firm and wait for your plea deal to be offered. This will most likely be a "delay/obstruction of traffic" charge. This is no points but a decent fee. It will remain on your record for 3yrs. I don't have specific details of this charge but it basically stays on your record for 3yrs and if you get any other points then this offense will come back to life and burn your ***. If you keep your record clean, after 3yrs, it's all gone. If you're prepared to invest some of your personal time and money to fight this, you will win. It's not that hard. Me personally, I would much rather keep my record clean than accept a ticket with points, so it was well worth it. I've successfully faught and won 2 cases that I took to trial and they have all gone exactly how I explained. My tickets were 98 in a 55, and 88 in a 65 zone. Good luck!